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HomeMy WebLinkAbout10/17/2000, C1 - MINUTES MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO FRIDAY,JULY 28,2000 -NOON COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Member John Ewan,Vice Mayor Ken Schwartz, and Mayor Allen K.Settle Absent: Council Members Jan Howell Marx and Dave Romero City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City Administrative Officer; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Bob Neumann, Fire Chief; and Wendy George,Assistant to the CAO CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code§ 54957.6 Agency Negotiator: Richard S.Whitmore Employee Organizations: San Luis Obispo Firefighters' Union, [AFF, Local 3523 San Luis Obispo Police Officers'Association City Attorney Jorgensen announced that the closed session had been held. PUBLIC COMMENT There were no comments on items not on the agenda. BUSINESS ITEMS 1. PLACING ON THE NOVEMBER 7.2000 BALLOT A PROPOSED CHARTER AMENDMENT REGARDING BINDING ARBITRATION(CITREN-INITIATED). City Clerk Price introduced the staff report. Public Comments: Alan Davis,attorney representing the Police/Fire Associations, protested the Closed Session held just prior to calling the open meeting to order. He asserted that the City Council had violated the Brown Act because it had not disclosed in an open meeting what C1-1 City Council Meeting Page 2 Friday,July 28,2000-Noon would be discussed in the Closed Session. City Attorney Jorgensen advised the Council that all requirements had been met and confirmed that the Closed Session was appropriately noticed and properly posted. Mr. Davis argued that the City has also violated provisions for meeting with labor negotiators and stated that while the City may have a duty to meet and consult,it does not necessarily have a duty to meet and confer. Speaking to the issue of the citizen-initiated ballot measure, Mr. Davis voiced objection to the ballot question and argued that the language, "final without council or voter approval" is redundant and biased. He submitted that the question should read, "Shall the Charter be amended to require that labor disputes between the SLO Police Officers Association and the SLO Firefighters Association be resolved by binding arbitration?". Jason Berg, President of SLOPOA and Jeff Zimmerman, President of[AFF Local 3523, spoke in favor of placing the citizen-initiated measure on the ballot and urged the Council to not add to the ballot a companion measure. --end of public comments— Mayor Settle announced that Council Members Romero and Marx support the adoption of the CAO's recommendation and noted that their positions are on file with the City Clerk. ACTION: Moved by Ewan/Schwartz to 1)adopt Resolution No.9079 of the City Council of the City of San Luis Obispo, California,Calling And Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7,2000,for the Submission of a Proposed Charter Amendment(Citizen-Initiated); motion carried 3:0. ACTION: Moved by Schwartz/Ewan to 2)Adopt Resolution No.9080 of the City Council of the City of San Luis Obispo Setting Priorities For Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis. 3)Adopt Resolution No.9081 of the City Council of the City of San Luis Obispo Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections; motion carried 3:0. 2. RESOLUTION OPPOSING BINDING ARBITRATION AND PLACING AN ADDITIONAL CHARTER AMENDMENT REGARDING BINDING ARBITRATION (COUNCIL- INITIATED)ON THE NOVEMBER 7.2000 BALLOT. Human Resources Director Slate introduced the staff report. Dave Hill.City of Anaheim, discussed the effects that binding arbitration has had on his organization. Legal Counsel Whitmore provided general comments on interest arbitration and recent experiences in the cities of Salinas and Gilroy. Director of Finance Statler addressed the fiscal impacts of binding arbitration. Fire Chief Neumann, speaking on behalf of himself and the Police Chief,addressed potential program level issues and voiced concern that binding arbitration, if approved by the voters,will erode the management authority of the police and fire chiefs. Human Resources Director Slate outlined the major components of the proposed companion measure,which are intended to mitigate the impacts to the City if the citizens-initiated ballot measure passes. She emphasized that the charter amendment will only go into effect if it and the citizen-initiated charter amendment receive majority voter approval. City Administrative Officer Dunn spoke in opposition to binding arbitration because it takes decisions away from the Council and because it diminishes the abilities of the police and fire chiefs to manage their departments. In closing, he argued that binding arbitration will reduce monetary resources available for other City services. C1-2 City Council Meeting Page 3 Friday,July 28,2000-Noon Public Comments: Speaking in support of binding arbitration and in opposition to the City placing a companion measure on the ballot. Mike Brennler,SLOPOA Alan Davis.attorney Jason Berg,SLOPOA President Devin Reiss.firefighter Jeff Zimmerman. President IAFF Local 3523 Speaking in support of the recommendation to place the companion measure on the ballot. David Jeffrey. 1128 Iris Street Nona Tobin.Human Resources Director for the City of San Jose Dodie Williams,representing a broad based group of concerned members of the community Patricia wlmore,SLO Chamber of Commerce Penny Rappa. 1349 Descanso Dave Coxmember of the board of the Chamber of Commerce. --end of public comments-- Council discussion ensued. ACTION: Moved by Ewan/Schwartz to 1)adopt Resolution No.9082 in opposition to the proposed charter amendment to establish binding arbitration for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Union (IAFF, Local 3523); motion carried 3:0. ACTION: Moved by Schwartz/Ewan 2)Adopt Resolution No.9083 placing an additional measure on the November 7,2000 ballot relating to binding arbitration; motion carried 3:0. There being no further business to come before the City Cj9uncil,Ma o ettl adjourned the meeting at 3:30 p.m.to Tuesday,August 15,2000 t 7:00 .m ' e C uncil hamber,990 Palm Street,San Luis Obispo. Lee Price,C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-3 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,AUGUST 15,2000-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz,and Mayor Alien K.Settle Absent: Council Member John Ewan City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Ann Slate, Human Resources Director; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director;Wendy George, Assistant to the CAO;John Shoals, Associate Planner; Peggy Mandeville, Associate Planner; Gary Henderson,Water Division Manager PRESENTATIONS RECOGNITION OF VOLUNTEER SERVICE FOR BRUCE BENNETT. Mayor Settle presented a proclamation to Bruce Bennett recognizing his seven years of volunteer service to the City of San Luis Obispo. Additionally, City Clerk Price presented him with an official City tile as a thank you for his service. RECOGNITION OF 10TH ANNIVERSARY OF NO SMOKING ORDINANCE Lloyd Henning noted that the City is celebrating its tenth anniversary of the passage of the smoke-free ordinance. Denav Wiler presented a ten-year anniversary card to t�e City. Certificates of recognition were also presented to former Council Member Jerry Reiss and Dr. Stephen Hanson whose efforts culminated in the passage of the ordinance ten years ago. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code§54956.9 Existing Litigation Mulholland v. County of San Luis Obispo City Attorney Jorgensen reported authorized further negotiations. C1-4 City Council Meeting Page 2 Tuesday,August 15,2000-7:00 p.m. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code§54957.6 Agency Negotiator. Ann Slate Employee Organization: San Luis Obispo Police Officers Association City Attorney Jorgensen reported that the Council conducted the closed session. PUBLIC COMMENT Sifu Kelvin B.Harrison addressed Council regarding racism in San Luis Obispo and how Police have harassed him. Kristine Dalidio commented on the Mayor's recent letter to the editor of the Tribune regarding proposed development of the Dalidio family property. Eugene Jud presented,and urged the Council to review, sample materials from other cities about downtowns and parking before the study session with the Downtown Association on August 29,2000. CONSENT AGENDA C1. COUNCIL MINUTES OF JULY 5.2000,JULY 11, 2000, JULY 18,2000 AND JULY 20, 2000. ACTION: Moved by Schwartz/Marx to waive oral reading and approve as submitted; motion carried 4:0. C2. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1827(MORRO VISTA)LOCATED AT FLORENCE AND BUSHNELL STREETS. ACTION: Moved by Schwartz/Marx to adopt Resolution No.9084 accepting the public Improvements for Tract 1827; motion carried 4:0. C3. FINAL ADOPTION OF ORDINANCE NO. 1372 REQUIRING INCLUSION OF PUBLIC ART IN CERTAIN TYPES OF PRIVATE DEVELOPMENT. ACTION: Moved by Schwartz/Marx to adopt Ordinance No. 1372; motion carried 4:0. C4. COOPERATIVE FIRE PROTECTION AGREEMENT. ACTION: Moved by Schwartz/Marx to 1)receive the report and adopt Resolution No. 9085 authorizing the Mayor to sign a cooperative fire protection agreement between the San Luis Obispo City Fire Department and the U.S. Department of Agriculture Forest Service Los Padres National Forest. 2) Authorize the City Administrative Officer to update and execute this agreement on behalf of the City of San Luis Obispo as is necessary to keep it current. 3) Authorize the Fire Chief to develop and update an operating plan that details the specifics of the agreement; motion carried 4:0. C5. SANITARY SURVEY UPDATE AWARD AND ADDITIONAL FUNDING. C1-5 City Council Meeting Page 3 Tuesday, August 15,2000-7:00 p.m. ACTION: Moved by Schwartz/Marx to 1)award the Sanitary Survey Update Project to Boyle Engineering Corporation in the amount of$128,602, (City's share of the project is$25,112). 2) Approve the use of$3,000 from carryover funding to support the City of San Luis Obispo's share of the Salinas Sanitary Survey. 3) Authorize the City Administrative Officer to execute the consultant services contract and the inter- agency agreements; motion carried 4:0. C6. SURPLUS CITY PROPERTY. ACTION: Moved by Schwartz/Marx to adopt Resolution No.9086 declaring equipment as surplus property; motion carried 4:0. C7. APPROVAL OF AN OPTION AGREEMENT FOR PURCHASE OF THE AYERS PROPERTY. ACTION: Moved by Schwartz/Marx to approve an Option Agreement with the Ayers family for an exclusive, one-year option to purchase the 242 acre property commonly referred to as the"Johnson Ranch"for a purchase price of$1,600,000 by making an option payment of$35,000, subject to certain other conditions described In the staff report,and also subject to non-substantive changes approved by the City Attorney; motion carried 4:0. C8. CONSIDERATION OF A REQUEST TO ABANDON PORTIONS OF THE PUBLIC RIGHT-OF-WAY AT RUTH STREET AND LEFF STREET WEST OF THE RAILROAD (ABAN 170-99). ACTION: Moved by SchwartzJMarx to adopt Resolution No.9087 to consider the abandonment request and set a public hearing for October 3, 2000; motion carried 4:0. C9. UPDATE TO MANAGEMENT FRINGE BENEFIT LIST. ACTION: Moved by Schwartz/Marx to adopt Resolution No.9088 amending and restating the fringe benefit list for department heads and managers; motion carried 4:0. C10. LEASE WITH THE SAN LUIS OBISPO RAILROAD MUSEUM FOR USE OF THE HISTORIC FREIGHT HOUSE. ACTION: Moved by SchwartzlMarx to approve a lease agreement with the San Luis Obispo Railroad Museum for the use of the City-owned historic freight building located in the Historic Railroad District; motion carried 4:0. C11. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO STATING INTENT TO PURSUE JOINT PLANNING FOR PARKING SOLUTIONS IN THE EXTENSION OF THE DOWNTOWN NORTH OF SANTA ROSA STREET. ACTION: Moved by Schwartz/Marx to approve the Memorandum of Understanding between the City of San Luis Obispo and the County of San Luis Obispo for a joint pursuit of parking issues north of Santa Rosa Street; motion carried 4:0. PUBLIC HEARINGS C1-6 City Council Meeting Page 4 Tuesday,August 15,2000-7:00 p.m. 1. APPEAL OF THE PLANNING COMMISSION DECISION APPROVING USE PERMIT, U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD: 3165 AND 3211 BROAD:JESSE NORRIS/MIKE AND SONIA HOOK,APPELLANTS. Council Member Marx stepped down due to a potential conflict of Interest(family member employed in the center). Associate Planner Shoals presented the staff report. Mayor Settle opened the public hearing. Joseph Adams, representing the Hooks(Nucci's and Cool Cat's)urged the Council to uphold the appeal and send it back for restructuring. He noted that there have been recent changes since the original request for outdoor seating was made and asserted that it would not be beneficial to grant the use permit at this time. Rob Strong.Strong Planning Services, recommended that the Council continue the matter and provide all parties the opportunity to discuss outdoor patio space and parking needs. He explained that he believes there will be cooperative resolution to the issues within a few weeks and, If not,any dissatisfied party can return to the Planning Commission. Mayor Settle closed the public hearing. Council Member Romero proposed a 90-day continuance. Mr. Brookings, appellant, concurred. Staff noted that if resolution Is reached the appeal may be withdrawn. ACTION: Moved by Romero/Schwartz to continue the item for ninety days; motion carried 4:0. 2. DEVAUL RANCH SOUTH ANNEXATION: CONSIDERATION OF A REQUEST TO ANNEX AND PREZONE 13.6 ACRES AND ENVIRONMENTAL REVIEW AT 11955 LOS OSOS VALLEY ROAD(ANNX/R/ER 87-00). Associate Planner Mandeville presented the staff report. Community Development Director Jonas commented that open space dedication for both Devaul Ranch North and South far exceeds the open space ratio of 1:1. Mayor Settle opened the public hearing. Dick Kamaraski, representing the applicant, spoke in support. Brett Cross. 1217 Mariners'Cove, objected to the annexation because environmental review has been Inadequate. Rob Strong.Strong Planning Services, reported that environmental studies completed before the adoption of the General Plan Update included this property and anticipated the development of the property. He asserted that there have been no violations of State law and urged the Council to approve the annexation. Hamish Marshall. representing DeVaul Ranch North,spoke in favor and clarified questions about open space dedication for both the north and south developments. C1-7 City Council Meeting Page 5 Tuesday, August 15,2000-7:00 p.m. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Schwartz to 1)introduce Ordinance No. 1373 prezoning the annexation area Conservation Open Space(C/OS)as interim zoning and approving the Negative Declaration of environmental Impact(ER 87-00). 2) Adopt Resolution No.9089 recommending that the Local Area Formation Commission approve the annexation; motion carried 4:0. 3. AERO VISTA ANNEXATION, PREZONING AND PRELIMINARY DEVELOPMENT PLAN: CONSIDERATION OF A REQUEST TO ANNEX AND PREZONE 10 ACRES TO SERVICE-COMMERCIAL WITH A PLANNED DEVELOPMENT OVERLAY;_ PRELIMINARY DEVELOPMENT PLAN AND ENVIRONMENTAL REVIEW AT 4451 BROAD STREET(ANNX/PD/ER 80-99). Associate Planner Mandeville presented the staff report. She noted that the property owner has not yet acquired the necessary letter of credit and paid the necessary fees. Staff will not bring back the ordinance for second reading until those requirements are met, she emphasized. Council questions followed. Mayor Settle opened the public hearing. Hamish Marshallrepresenting the applicant, Indicated concurrence with the staff recommendation with the exception of a condition regarding access. He requested that the Council allow him to work with CalTrans on the option of accessing the park off of Hwy 227. In closing, Mr. Marshall reported that the applicant will have the necessary letter of credit and fees anticipated shortly. Mayor Settle closed the public hearing. Public Works Director McCluskey addressed questions regarding access. He reported that CalTrans agrees with staff that traffic should be lead to the street rather than Broad Street/Hwy 227 because it is better for circulation. Individual Council comments followed supporting the staff recommendation to deny driveway access to Hwy 227. ACTION: Moved by Romero/Marx to 1) Introduce Ordinance No. 1374 prezoning the 10-acre site C-S-PD(Service Commercial-Planned Development). 2) Adopt Resolution No.9090 recommending that the Local Agency Formation Commission approve the annexation of 10 acres at the southwest comer of Aero Vista Drive and Broad Street. 3) Adopt Resolution No.9091 approving the preliminary development plan and adopting the Mitigated Negative Declaration. 4) Initiate the renaming of Aero Vista Drive pursuant to Section 12.32.100 of the San Luis Obispo Municipal Code; motion carried 4:0. BUSINESS ITEMS 4. DOWNTOWN ASSOCIATION STRATEGIC OPERATING PROPOSAL AWARD. Downtown Association Administrator Holley presented the staff report. Vice Mayor Schwartz would like the survey to be expanded to include residents who choose not to use ' the downtown. There were no public comments. C1-8 City Council Meeting Page 6 Tuesday,August 15,2000.7:00 p.m. ACTION: Moved by Romero/Marx to 1)award a contract to Jeffrey Eichenfield and Associates as consultants to prepare a Downtown Strategic Operating Plan for an amount not to exceed$47,600,2)authorize the Downtown Association Administrator to sign the contract,and 3)authorize an appropriation of$22,600 from the unencumbered balance of the General Fund to cover the additional cost of the study above the current$25,000 budget; motion carried 4:0. 5. GROUNDWATER EVALUATION STUDY. Utilities Director Moss.Water Division Manager Henderson and Consultant Hutchinson (Team Engineering)presented the staff report and responded to questions from the Council. There were no public comments. ACTION: Moved by Schwartz/Romero to 1) receive the report and direct staff to prepare a contract amendment with Team Engineering and Management, Inc.for additional analysis relative to potential impacts to riparian, stream and subsidence issues. 2) Direct staff to develop a detailed strategy and Implementation schedule to pursue development of additional water resources through the coordinated operation of both surface water and groundwater resources; motion carried 4:0. COUNCIL LIAISON REPORTS Council Member Romero summarized the August 2,2000 San Luis Obispo Council of Governments meeting as well as reviewed the appointments to the San Luis Obispo Regional Transit Authority(memorandum on file in the Office of the City Clerk). The Council reviewed Council Member Ewan's report on the August 8,2000 Downtown Association Board Meeting (memorandum on file in the Office of the City Clerk). Vice Mayor Schwartz provided highlights of the last League of California Cities Revenue and Taxation Policy Committee meeting. COMMUNICATION Vice Mayor Schwartz gave a slide presentation of Cal Poly student design solutions for a transit center in the Santa Rosa Street, Higuera Street,and Monterey Street areas done as part of the development of the Downtown Physical Concept Plan in 1994. There being no further business to come before the City Co oil, a or ettle )oumed the meeting at 10:20 p.m.to Tuesday,August 29,2000 at . 0 p. the Chamber,990 Palm Street,San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-9 MINUTES STUDY SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO DOWNTOWN ASSOCIATION TUESDAY, AUGUST 29,2000-7:00 P.M. LIBRARY COMMUNITY ROOM, 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz,and Mayor Allen K. Settle City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Mary Kopecky,Assistant City Clerk; Ken Hampian, Assistant City Administrative Officer; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Shelly Stanwyck, Economic Development Manager Downtown Association Present: Board Members Vince Burke, Landy Fike, Dave Kastner, Doug Shaw, Tom Swem, Bob Schinkel, Bill Walter,Jerry Whitaker, and President Brett Weaver; Downtown Association Administrator Deborah Holley; TNA Coordinator Christine Bragg; Downtown Association Office Manager Melissa Martin Absent: Lynn James and Correne Weaver PUBLIC COMMENT There were no public comments on items not on the agenda. STUDY SESSION 1. SAN LUIS OBISPO DOWNTOWN ASSOCIATION OVERVIEW. A. Formation B. Mission Statement, Major Goals C. Budget Downtown Association President Weaver presented a brief overview of the Downtown Association. He reviewed their mission statement and major goals. Former Downtown Association President Pierre Rademaker provided an overview of the history of the Downtown 0-10 City Council Meeting Page 2 Tuesday, August 29,2000-7:00 p.m. Association. Downtown Administrator Holley reported that the Downtown Association annual budget is$275,000. D. Board, Committee and Staff Duties The following individual Board Members summarized the major functions of the Downtown Association: Board Member Schinkel-The Promotions Committee sponsors activities like concerts In the plaza,holiday events,the Festival of Trees,Santa's House,the holiday parade, free movies for children,downtown car show, Casino Night,and quarterly sidewalk and president's sales. Board Member Fike-The Design Committee supports the Banner Program,the Bench Program,tree lighting on Higuera Street,and the Facade Improvement Program. Board Member Kaster-The Economic Activity Committee was formed in response to "Main Street"criteria and fosters a certain look for downtowns. The committee examines sensitive areas,tracks businesses, records downtown vacancies,and is currently monitoring the Higuera Bridge issue. Thursday Niaht Activity Coordinator Braga-The Thursday Night Activity Committee reviews applications for Downtown Association Memberships,plans activities for the "off"season,arranges special events such as the"Rib Cook Off"and"Law Enforcement Night" They also focus on safety features, promoting positive activities on Garden Street,and creative ways to accommodate the Farmers'Market during the Higuera Street Bridge project. Board Member Swem -The Parking and Access Committee considers parking and access in the downtown area. They aggressively work to obtain more parking and new pedestrian spaces in the downtown. They also make recommendations regarding Parking Fund money allocations,private downtown parking lots,and alternative transportation plans for the downtown. E. Community Partnerships Downtown Association Administrator Holley reported that the membership participates In a variety of fund-raising efforts for worthy causes such as the Prado Day Center the Public Art Program,the Sweep and Greet Program,the Criterion, Mardi Gras,and the Cal Poly Intern Program. President Weaver noted that the Downtown Association has several other community partnerships such as the Santa's House,the Chamber of Commerce,Equal Opportunity Commission,the Childcare Resource Connection,the Mozart Festival,the Film Festival,the Arts Council,the Art Center,the Food Bank, Ride On and Ride Share,the Cal Poly,and the SLO County Visitors and Conference Bureau. 0-11 City Council Meeting Page 3 Tuesday, August 29,2000-7:00 p.m. 2. MAIN STREET PROGRAM–NEW AND IMPROVED INITIATIVES. A. Overview Doug Loesher. National Trust Main Street Center, praised San Luis Obispo for being a great model for downtown revitalization. He outlined the seven principles for revitalization: 1. Resource Efficiency(land use and infrastructure). 2. Compact Development(new development standards and higher density areas). 3. Center Focus(downtown revitalization and new"town center" development). 4. Mixed Use(traditional combinations and creative combinations). 5. Transportation Options(public transit and bicycle access). 6. Pedestrian Orientation(taming the automobile and human-scaled design). 7. Community Character(`local focus"and design standards). Mr. Loesher emphasized the Importance of supporting small businesses and balancing national business with local independent businesses. He also recommended that the City's Downtown Strategic Plan should consider the physical elements,as well as economic development Keith Kielstrom, Director of the California Main Street Program in Sacramento, reported that The State Department of Commerce has used.the City of San Luis Obispo as a "how to" model for revitalization. He gave an overview of the California Main Street Program and summarized the benefits of becoming a certified California Main Street Community. 3. CITY COUNCIL-DOWNTOWN ASSOCIATION DISCUSSION/PUBLIC INPUT. A. Feedback on Presentation Public Comments: Sifu Kevin Harrison asserted that local law enforcement officers continue to conduct racially motivated harassment against him and to physically abuse him. Richard Lee offered the use of Cal Poly and City Regional Planning Student Services as assistance for the Downtown Association. Lee Ferraro. David Jeffrey.and Dale Sutliff provided supportive comments. Eugene Judd, urged the involvement of citizens in planning for the downtown. Jean Shay requested that the time and date of the Downtown Association meetings be advertised In the newspaper. Chris Ivey stated that he does not want big box stores in San Luis Obispo. —end public comments— Individual Council and Board Member comments followed. C1-12 City Council Meeting Page 4 Tuesday,August 29,2000-7:00 p.m. Although no formal action was taken, the Council agreed to consider at the next Council goatisetting workshop(September 5,2000)a recommendation by Council Member Marx to appoint a task force that would Include collaborative planning for the "Greater Downtown" (the blocks surrounding the Downtown Association District). COMMUNICATIONS Council Member Romero proposed placing a discussion of the Higuera Street Bridge on the agenda for the next regular Council meeting. Council concurred and directed staff to place this item on the September 5,2000 agenda. Mayor Settle proposed that Council place an item on the September 19,2000 agenda pertaining to non-taxable sales in "big box"stores, Council Members Marx and Romero concurred. City Administrative Officer Dunn advised that the next several upcoming Council agendas are heavy and pointed out that there are no imminent developments that would be subject to this condition. Council agreed to defer this request to a later date. Council Member Marx spoke regarding Cal Poly's recent action to end participation in the Free Fare Buses Program and urged Council to direct staff to Investigate a proposal received from Cal Poly Professor Richard W. Lee. Public Works Director McCluskey Informed Council that meetings are already scheduled between City and Cal Poly staff to work on alternatives. Council directed staff to continue pursuing alternative solutions and report back to Council. There being no further business to come before the City Council,Mayor Settle adjourned the meeting at 10:20 p.m.to Wednesday,August 30,2000 at 7:00 p.m.in the Council Hearing Room,990 Palm Street,San Luis Obispo. .Gly Mary kope#y Assistant City Clerk APPROVED BY COUNCIL: 10117100 MK:dr C1-13 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,SEPTEMBER 5,2000-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Dave Romero,and Mayor Allen K.Settle Absent: Vice Mayor Ken Schwartz City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price,City Clerk; Ken Hampian,Assistant City Administrative Officer; Jim Gardiner, Police Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Dave Pierce,Water Projects Manager;Jeff van den Eikhof, Engineering Assistant;Wayne Peterson,Civil Engineer; Whitney Mcllvaine,Associate Planner CLOSED SESSION ANNOUNCEMENTS CONFERENCE REGARDING PROPERTY NEGOTIATIONS HELD WEDNESDAY,AUGUST 30, 2000 AT 7:00 IN THE COUNCIL HEARING ROOM Pursuant to Government Code§54956.8 Property: Chinatown/Court Street Negotiating Parties: City of San Luis Obispo: John Dunn,Jeff Jorgensen,Allan Kotin Property Owner Representatives: Tom Copeland, Martin Tangeman Negotiation: Status of Negotiations City Attorney Jorgensen announced that the Council received a status report and that no action was taken. CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code§54956.8 Property: Hastings Property(Reservoir Canyon) Negotiating Parties: City of San Luis Obispo: Neil Havlik C1-14 City Council Meeting Page 2 Tuesday,September 5,2000-7:00 p.m. Property Owner Representatives: Raymond Smith Negotiation: Whether to Negotiate/Acquire City Attorney Jorgensen announced that the Council authorized further negotiations for the acquisition of the property. PUBLIC COMMENT Chris lvev encouraged the Council to consider an ordinance limiting grocery elements in "big box"retail stores. City Attorney Jorgensen reported that Council has already given direction to draft such an ordinance. Nancy Connant.SLO for Pups advocate,encouraged the Council to consider an off-leash dog park in the City of San Luis Obispo. CONSENT AGENDA C1. APPROVE PUBLIC ART FOR 879 MORRO—FUTURE UTILITIES OFFICES. ACTION: Moved by Romero/Ewan to approve the proposal for public art for 879 Morro and authorize the City Administrative Officer to execute a contract for$8,000 with the artist,Sandra Johnson; motion carried 4:0. C2. DEVAUL RANCH SOUTH PREZONING 2ND READING (R 87-00); 11955 LOS OSOS VALLEY ROAD. ACTION: Moved by Romero/Ewan to grant final passage to Ordinance No. 1373 (2000 Series); motion carried 4:0. C3. APPROVE PLANS AND SPECIFICATIONS FOR"STREET REPAIR PROJECT HIGUERA AND SOUTH STREET,SPECIFICATION NO. 90159." ACTION: Moved by Romero/Ewan to 1) approve plans and specifications for"Street Repair Project: Higuera and South, Specification No.90159." 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within available budget; motion carried 4:0. C4. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS'ASSOCIATION. ACTION: Moved by Romero/Ewan to adopt Resolution No.9092 approving the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs'Association for the period of July 1,2000 through June 30,2002; motion carried 4:0. C5. AGREEMENTS WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY-TAX SHARING FOR TWO ANNEXATIONS LOCATED ON LOS OSOS VALLEY ROAD. ACTION: Moved by Romero/Ewan to adopt Resolution No.9093 and Resolution No. 9094 accepting the negotiated exchange of property-tax revenues and annual C1-15 City Council Meeting Page 3 Tuesday,September 5,2000 -7:00 p.m. property-tax Increments for two annexations(DeVaul South and Froom) and as required as a prerequisite to any jurisdictional change by the Revenue and Tax Code Section 99; motion carried 4:0. C6. SANTA ROSA SKATE PARK EXPANSION -AWARD CONTRACT,AUTHORIZE STAFF TO TRANSFER FUNDS TO COVER AMOUNT ABOVE ENGINEER'S ESTIMATE. ACTION: Moved by Romero/Ewan to 1) award a contract to Maino Construction for the Santa Rosa Skatepark expansion in the amount of$59,320. 2) Authorize staff to transfer funds in the amount of$10,000 from the Vista Lago Playground Renovation project and$6,700 from the Swim Center Plastering project to the Santa Rosa Skatepark expansion project to cover the amount above the engineer's estimate; motion carried 4:0. C7. STENCIL TRUCK REPLACEMENT. ACTION: Moved by Romero/Ewan to 1) approve Purchase Order No.54063 in the amount of$70,746.39 to Roadline Products, Inc.for a cab-and-chassis truck with stencil service body. 2) Approve transferring $11,000 from the Street Maintenance Vehicles project account to the Stencil Truck project account; motion carried 4:0. C8. SUPPORT THE STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) GRANT APPLICATION FOR THE FARE REVIEW SECURITY PROJECT. ACTION: Moved by Romero/Ewan to approve the filing of the STIP Grant Application with the San Luis Obispo Council of Governments(SLOCOG)for the Fare Revenue Security Project; motion carried 4:0. APPOINTMENT Al. APPOINTMENT TO THE PERFORMING ART CENTER ART ADVISORY COMMITTEE. ACTION: Moved by Ewan/Romero to reappoint Dick DeLong to be one of the City's representatives to the Performing Arts Center Art Advisory Committee; motion carried 4:0. PUBLIC HEARINGS 1. REQUEST TO AMEND THE CITY'S ZONING MAP DESIGNATION FROM SERVICE COMMERCIAL(CS)TO SERVICE-COMMERCIAL PLANNED DEVELOPMENT(CS- PD) FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TANK FARM ROAD AND SOUTH HIGUERA STREET: 100CROSSSTREET(WEYRICH DEVELOPMENT.APPLICANT). C1-16 City Council Meeting Page 4 Tuesday,September 5,2000-7:00 p.m. Actina Community Development Director Whisenand and Associate Planner Mandeville presented the staff report. Mayor Settle opened the public hearing. Steve Pultz,architect,spoke in favor of the staff recommendations and encouraged approval. Brian Christianson,818 Pismo Street,objected to some of the proposed uses,expressed concern about design criteria, noise and traffic. In addition, he argued that the environmental mitigation measures are inadequate and noted that trees on the site should be included in the biology section. Dan Lloyd,Weyrich Development,spoke in support of the plan and argued that what is proposed is less intense than what could be developed. He also noted that there are presently no trees on the property but landscaping plans include adding trees to the site. Architect Steve Pultz reported that environmental review is not required under CS zoning. Mayor Settle closed the public hearing. Council discussion ensued. Council Member Marx suggested that the Planned Development ordinance be refined. Council concurred and requested that staff develop, perhaps as part of the zoning ordinance update,revisions to the ordinance. ACTION: Moved by Ewan/Romero to Introduce Ordinance No.1375 approving a mitigated negative declaration and amending the zoning map from C-S to CS-PD for property located at the southeast corner of Tank Farm Road and South Higuera Street; motion carried 4:0. 2. REVIEW OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. Police Chief Gardiner presented the staff report Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by Marx/Romero to 1)adopt Resolution No.9095 approving an expenditure of$62,984, in 1998 Local Law Enforcement Block Grant Funds,with a required local 119'hCity match of$6,998 for the sole source purchase of a SIRCHE brand evidence collection vehicle. 2) Appropriate the matching City funds of $6,998, plus interest earned of$4,918 on the advance grant payment from the General Fund to this capital improvement project,as required by the grant. 3). Authorize the City Administrative Officer to sign an agreement with SIRCHE for the purchase of a crime scene evidence collection vehicle and equipment not to exceed $74,900; motion carred 4:0. 3. WATER REUSE PROJECT—PROJECT APPROVAL. Utilities Director Moss introduced the item. Water Proiects Manager Pierce presented the staff report and noted a revision to the draft resolution approving the water reuse project (Attachment#2). Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. C1-17 City Council Meeting Page 5 Tuesday,September 5,2000-7:00 p.m. Council questions and comments followed. Council Member Marx proposed minor amendments to the language in the resolution. Council concurred. ACTION: Moved by Ewan/Marx to adopt Resolution No.9096as amended,approving the Water Reuse Project and directing staff to file a Notice of Determination; motion carried 4:0. BUSINESS ITEM 4. CONSIDER A REQUEST BY SAN LUIS OBISPO COUNTY ARCHAEOLOGICAL SOCIETY FOR MATCHING FUNDS FOR RENOVATION OF THEIR TEACHING AND ARCHIVE FACILITY. Assistant City Administrative Officer Hamaian presented the staff report. Public Comments: Luther Bertrando.267 Foothill Blvd and Dr.John Parker,Cal Poly, spoke enthusiastically in support of the staff recommendation. –end public comments— ACTION: Moved by RomerolEwan to 1)give conceptual approval to providing funds from the unappropriated General Fund balance for an advanced payment of$21,000 to the San Luis Obispo County Archaeological Society(SLOCAS)for storage of the Chinese artifacts from the Palm Street Parking Structure project. The payment can then be used by SLOCAS as matching funds for a grant to renovate the archive facility. 2) Direct staff to develop an agreement with SLOCAS for eventual storage of its Chinese archaeological collection, including an advanced partial payment of the required curation fee in the amount of$21,000,and to return to Council for final approval of the agreement; motion carried 4:0. 5. HIGUERA STREET BRIDGE REPLACEMENT PROJECT UPDATE AND CONSIDERATION OF ADDITIONAL PROMOTIONAL FUNDING Civil Engineer van den Eikhof provided a project status report. City Engineer Peterson summarized key terms of the construction contract. City Attorney Jorgensen emphasized that the City is concerned that the project will not be completed by November 1"and asked the contractor to inform the City as quickly as possible if it appears that he cannot meet the terms of the construction contract. Public Comments: Clint Pierce.Madonna Construction Company,responded to questions from the Council about the contract schedule. He noted that the project is on schedule per the revised project plan but added that if crews could work at night, it would help. Civil Engineer van den Eikhof reported that approval for night time work can be given,but there are noise restrictions after 7:00 p.m. Mr.Pierce explained that the construction could be done faster if they were allowed to work at night without noise restrictions and,further, if they were allowed to close Higuera Street during the day; if not both lanes at least one. Assistant City Administrative Officer. Hamman asked if the contractor would consider working during the weekends. Alex Madonna provided additional clarification about the status to-date. He reported that there were unexpected complications and asserted that the City and the contractor didn't have all the information they needed about where the bridge foundations actually were. He pointed out that the Regional Water Quality Control Board shut down the job for 14 days and exclaimed C1-18 City Council Meeting Page 6 Tuesday,September 5,2000 .7:00 p.m. that he doesn't see why they should have to work evenings and weekends to catch up. Mr. Madonna requested that the City allow the contractor some flexibility; specifically,allow the use of two breakers instead of one and close an additional lane on Higuera Street. In response to inquiry from Council Member Marx,Public Works Director McCluskey reported that the agreement to leave two lanes open was based on significant public input. City Attorney Jorgensen advised the Council that if they want to make a change, it is highly inadvisable to make any modifications to the contract tonight. He explained that Mr.Madonna should request any proposed changes to the terms of the construction contract in writing and allow staff to analyze the impacts. Council Member Ewan voiced hope that access to the downtown can be maintained and suggested that the City consult with the business owners in.the downtown. Assistant City Administrative Officer Hampian reported that every Thursday morning the Downtown Association holds a meeting with the contractor and the merchants. That meeting is open to the public, he added. City Attorney Jorgensen advised the contractor that the City is disputing the claim he has filed against the City about the previously mentioned delay and that any comments made this evening should not be construed as acquiescence. Deborah Holley, Downtown Administrator,spoke in favor of the staffs recommendation to appropriate an additional$10,000 for advertising about this project. In addition,she explained. that she is willing to continue working with Wizard Marketing and outlined suggestions for enhancing the promotion. Dave Kastner,Cal Photo,supports the additional funding for advertising and noted that he would support closing Higuera down to one lane,but asked the Council not to allow the close of Osos Street. —end of public testimony— ACTION: Moved by Romero/Marx to approve an appropriation of additional funding in the amount of 10,000 to support the promotional contact associated with the project; motion carried 4:0. COUNCIL LIAISON REPORTS Council Member Romero reported on the August 14,2000 meeting of the Citizen's Advisory Committee of the California Men's Colony. Council Member Marx summarized the July and August 2000 Board of Directors meetings of the Economic Vitality Corporation. COMMUNICATIONS Council Member Romero recommended that there is a need for the creation of an off-leash dog park within the City limits. Council agreed to refer the matter to the Parks and Recreation Commission. Council Member Marx requested specific data ground water supply on the Dalidio property. Council directed staff to prepare a written response to the request before the Dalidio project comes to Council. C1-19 City Council Meeting Page 7 Tuesday,September 5,2000 -7:00 p.m. Council Member Marx commented on City Administrative Officer Dunn's memo regarding the Parking and Downtown Access Plan dated September 1,2000 in which he suggests a refresher study session for the Council. She suggested that the Planning Commission, Architectural Review Commission,Mass Transportation Committee,Bicycle Advisory Committee and the Downtown Association be invited to attend. Council concurred and directed staff to extend the invitation. There being no further business to come before the City CoAncil,Ma or the a joumed the meeting at 10:10 p.m.to Tuesday,September 19,200 t* 0 p. . i the oun ' Chamber, 990 Palm Street,San Luis Obispo. Lee Price,C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-20 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 19, 2000-4:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Dave Romero,Vice, Mayor Ken Schwartz,and Mayor Allen K. Settle City Staff Present: John Dunn,City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative Officer; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief; John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Wendy George,Assistant to the CAO; Tim Bochum, Deputy Public Works Director;Terry Sanville,Transportation Engineer; Shelly Stanwyck, Economic Development Manager PUBLIC COMMENT Cvdney Holcomb, Chairperson for Residents for Quality Neighborhoods(RON),presented proposed amendments to various chapters of the Municipal Code to improve the maintenance of private property. Council referred the proposal to staff to review,evaluate and return with recommendations. CONSENT AGENDA C1. COUNCIL MINUTES OF TUESDAY,AUGUST 15,2000. ACTION: Moved by Marx/Schwartz to continue the minutes; motion carried 5:0. C2. ENGINEERING CAREER SERIES AND COMPENSATION ADJUSTMENTS. Council Member Romero pulled this item to express support. ACTION: Moved by Romero/Schwartz to appropriate$33,700 from the unreserved General Fund Balance for Increased compensation in establishing a career series of engineering classifications in the public Works Department; motion carried 5:0. C3. AUTHORIZATION OF APPLICATION FOR ENVIRONMENTAL GRANT FUNDS IN SUPPORT OF THE JOHNSON RANCH (AYERS PROPERTY ACQUISITION) PROJECT. C1-21 City Council Meeting Page 2 Tuesday, September 19,2000-4:00 p.m. ACTION: Moved by Marx/Schwartz to adopt Resolution No.9097 and Resolution No. 9098,Resolution No.9099 authorizing staff to complete and submit applications for grant monies for the following: 1) $250,000 from the State Environmental Enhancement and Mitigation Program(EEMP);2) $100,000 from the National Recreation Trails Program(RTP); and 3) $100,000 from the State Habitat Conservation Fund(HCF). These funds will be used in support of the acquisition of the Johnson Ranch (Ayers property)on Ontario Road; motion carried 5:0. C4. FINAL ADOPTION OF ORDINANCE NO. 1375 AMENDING THE CITY'S ZONING MAP DESIGNATION FROM (C-S)SERVICE-COMMERCIAL.TO(C-S-PD)SERVICE- COMMERCIAL PLANNED DEVELOPMENT, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TANK FARM ROAD AND SOUTH HIGUERA STREET: PD 61-00. 100 CROSS STREET. ACTION: Moved by Marx/Schwartz to grant final passage to Ordinance No.1375 (2000 Series); motion carried 5:0. C5. FINAL ADOPTION OF ORDINANCE NO. 1366 AMENDING THE OFFICIAL ZONING MAP TO PREZONE APPROXIMATELY 4.3 ACRES AT 196 SUBURBAN ROAD TO(M) MANUFACTURING,• APPROXIMATELY 2.9 ACRES AT 205 TANK FARM ROAD TO(C- S)SERVICE COMMERCIAL; AND APPROXIMATELY 4.9 ACRES AT 204 TANK FARM ROAD TO(C-S)SERVICE COMMERCIAL: R 213-99, R188-99 AND 206-99. Council Member Ewan refrained from taking action on this item due to a potential conflict of interest. ACTION: Moved by Marx/Schwartz to grant final passage to Ordinance No. 1366 (2000 Series); motion carried 4:0:1 (Ewan refrained). C6. APPROVAL OF PLANS AND SPECIFICATIONS FOR NEW SIDEWALKS—CITY SPECIFICATION NO.#99820A. Council Member Romero pulled this item for questions regarding the selection of the streets to be included in the project Public Works Director McCluskey reported that Priority#1 projects,as defined by Council criteria in 1999, include 16 residential collectors. Priority#2 projects will be monitored pursuant to previous Council action, he added. ACTION: Moved by Ewan/Marx to 1)authorize the City Administrative Officer to approve plans and specifications to Install new sidewalks and/or curbs and gutters in various locations. 2)Advertise for bids. 3)Award the contract if the cost does not exceed the engineer's estimate; motion carried 5:0. C7. CITY COUNCIL CHAMBER CABLECAST OPERATIONS. This item was pulled by Council Member Marxwho voiced support for previous Council action conceptually approving a model plan for contracting with a non-profit organization to oversee the Public, Education and Government(PEG)access program. City Clerk Price emphasized that,at this time,governmental access is the only portion of PEG being considered and Indicated that staff felt it prudent to keep the City's options open at this time. Public Comments: CA-22 City Council Meeting Page 3 Tuesday,September 19,2000-4:00 p.m. Steve Mathieu,AGP Video,argued that there is no longer a need to have a non-profit organization implement PEG access. He commented that a non-profit organization cannot provide cablecast services as inexpensively as he can. City Attorney Jorgensen reiterated that staff is attempting to cast the net widely and urged the Council to allow staff to come back with the best selection possible. ACTION: Moved by Marx/Ewan to 1)approve a request for proposals(Specification No.90173)for Cablecast Operations. 2)authorize soliciting of proposals. 3)authorize contract award by the City Administrative Officer if thelowest responsible proposal does not exceed $30,000 per year; motion carried 5:0. PUBLIC HEARING 1. APPEAL OF THE PARKS AND RECREATION COMMISSION DECISION REGARDING MITCHELL PARK SENIOR CENTER: AGATHA REARDON, APPELLANT. Parks& Recreation Director LeSage and Parks & Recreation Commission(PRC)Chairman Neville presented the report and recommendations to deny the appeal and uphold the decision of the PRC,which denied the request for a parking lot in Mitchell Park, behind the Senior Center. Public Comments: Agatha Reardonappellant, submitted additional written background in support of the appeal(on file In the Office of the City Clerk). Speaking in support of the appeal: Wallace Henry, senior center participant Paul Wilson, AARP District Coordinator Speaking In opposition: Pete Dunan.Vice Chair of the PRC Greg Macedo,779 Murray Street Brian Christensen, 818 Pismo Street Gary Fowler,777 Mill Street —end public comments— Council Member Romero spoke in support of the appeal and provided a design proposal for the area set aside for senior use as shuffle board courts and lawn that are not being used. He also suggested an option for expanding the kitchen. Discussion ensued. ACTION: Moved by Mar(/Ewan to 1)uphold the August 2,2000 decision of the Parks and Recreation Commission which denies the request for a parking lot behind the Senior Center at Mitchell Park 2) Direct the Parks and Recreation Department to bring the Mitchell Park Master Plan to the City Council for approval; motion carried 4:1 (Romero). BUSINESS ITEM C1-23 City Council Meeting Page 4 Tuesday,September 19,2000-4:00 p.m. 2. PROJECT STUDY REPORT-(PROJECT DEVELOPMENT SUPPORT)FOR THE ORCUTT ROAD GRADE SEPARATION PROJECT. Engineer Sanvllle introduced the staff report. Deputy Public Works Director Bochum summarized design alternatives for the proposed project. Public Works Director McCluskey emphasized that the Council gave staff direction to proceed and summarized alternatives outlined In the staff report Council questions followed. Pete Rodgers, SLOCOG staff, spoke in support of the project because there are benefits for the rail system. He clarified that SLOCOG has recommended an allocation of$600,000 to move this project forward and stressed that timing Is critical if the Council desires to move forward with the project. In addition,he reported that Amtrak and CalTrans are motivated on this project and suggested that both entities will be strong partners. Public Comments: Speaking in support of the staff recommendation and the project: Nick Muick, 3731 Orcutt Road Paul Murphy,3560 Cedar Court Patty Taylor, Orcutt area resident Speaking in opposition to the project: Jeff Spevack, Continental Motors Jim Buttery. 1102 Laurel Lane --end public comments— Public Works Director McCluskey suggested that staff request that SLOCOG apply the funding($600,000)set aside for the overpass to the four lane widening City-approved capital project. Steve Devencenzi, SLOCOG staff, Indicated that while he could provide no guarantee, he would be willing to carry the recommendation forward to the SLOCOG Board. Discussion ensued. ACTION: Moved by Marx/Ewan to adopt Resolution No.9100 Is to approve the PSR/PDR and pursue Advance Development Work until fiscal year 2001-02 but not Initiate a circulation element amendment to delete the Orcutt Road grade separation project and to pursue an application for SLOCOG funding for the at-grade(four lane)Improvements; motion carried 5:0. CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNSEL Pursuant to Government Code§54956.9 Existing Litigation .Decision by the State Water Resources Control Board regarding Salinas Dam City Attorney Jorgensen reported that the Council conducted the Closed Session. C1-24 City Council Meeting Page 5 Tuesday, September 19,2000-4:00 p.m. PRESENTATIONS POLLUTION PREVENTION PROCLAMATION, Mayor Settle presented a proclamation to Public Works Director McCluskey declaring September 18,2000 to September 24,2000 as Pollution Prevention Week. VOTER REGISTRATION WEEK. Mayor Settle presented a proclamation to City Clerk Price declaring October 2, 2000 through October 10, 2000 as Voter Registration Week. BUSINESS ITEM 3. APPROVAL OF MEMORANDA OF UNDERSTANDING(MOU) FOR COPELANDS/FRENCH AND CHINATOWN HISTORIC DISTRICT/COURT STREET PROJECT. Assistant City Administrative Officer Hampian Introduced the item. Economic Development Manager Stanwvck and Consultant Kotin presented the report. Public Comments: ' Speaking In support of the staff recommendation to approve the MOUS: Tom Copeland, property owner Mark Rawson, architect Deborah Holley. Downtown Association Administrator Brian Reynolds,City/County Library Director Patricia Wilmore,Chamber of Commerce Tom Swem, Downtown Association Parking Committee Chair Mike Spangler, downtown business owner Charlie Senn, Planning Commissioner/resident Mike Stanton, business owner Brett Weaver. President of the Downtown Association Board and co-owner of Kennedy Club Fitness Speaking in opposition to the staff recommendation to approve the MOUs. Marybeth Schroeder, resident Dave Smith, resident Voicing concerns about the proposed development: Ray Shearer, downtown business owner,asked where customers are going to park. Brett Cross. 1217 Mariner's Cove, shared concerns about the residential component of the project, subsidies provided and property values. He urged the Council to look closely at the property appraisals. Ira Winn.3346 Barrancha, commented that the public needs more time to review and consider the project. In addition,he expressed concern about Impacts on parking and rent. C1-25 City Council Meeting Page 6 Tuesday,September 19,2000-4:00 p.m. —end public comments— Staff emphasized that the MOUS are non-binding documents that set forth the economic balance of risks so that parties know under what circumstances the project might proceed. It was clarified that the MOUs are separate from any design issues and land use approvals and,further,that there will be ample opportunity for the public and Council to provide Input before a development project is approved. Council discussion followed. Revisions were proposed and accepted to language in the Recitals of the MOU with Chinatown-Court Street Partners, LLC as follows: a) In the first sentence of the first paragraph,add the word "residential"after the word "restaurant"; b) In the seventh "Whereas",add the word "private"after the word "priority"; and, c) In Section 1.6.1 Desirability of Residential,change"...final project should..." to "...developer intends to...." ACTION: Moved by SchwartnJRomero to 1)approve a Memorandum of Understanding(MOU)with Chinatown-Court Street Partners, LLC, as amended, which outlines the principles for several property transactions, predominately the purchase and sale of City-owned property. 2) Approve a second MOU with the Chinatown-Court Street Partners, LLC,which outlines the principles for the purchase and sale of property presently owned by Copelands'Properties, LLC and the George 0.and Mary E. French Family Trust. 3) Authorize staff to hire a contract planner for a period of eighteen months to"back fill"the current duties of the City's Associate Planner assigned to work on this project with the direct cost of work on the project paid for by the Chinatown-Court Street Partners, LLC; motion carried 5:0. COUNCIL LIAISON REPORTS Council Member Romero presented the 1999-2000 annual report for the San Luis Obispo Council of Governments(on file in the Office of the City Clerk)as well as a review of the latest meeting of the San Luis Obispo Regional Transit Authority. COMMUNICATIONS Council Member Ewan and Council Member Romero presented a memo to Council regarding the difficulty Tilling vacancies on the Mass Transportation Committee(MTC). Council directed staff to make recommended revisions to the by-laws and bring them back to Council for review. Council also asked staff to check with all applicants on file to see If any would be Interested in serving on the MTC. Assistant City Administrative Officer Hampian reviewed the timeline for consideration of an ordinance limiting the sale of non-table Items in"big box"stores. Council Member Marx reported that the San Luis Obispo County Board of Supervisors approved a Memorandum of Understanding between the City and County regarding the creation of additional parking facilities in the area northeast of Santa Rosa Street. Assistant City Administrative Officer Hampian responded to Inquiries about the lighting glare from the Cal Poly sports fields. He noted that Cal Poly staff are working closely with affected C1-26 City Council Meeting Page 7 Tuesday,September 19,2000-4:00 p.m. neighborhoods and that City staff will Inquire about what Cal Poly plans to do to remedy the situation. There being no further business to come before the City Council, MpM Settle adjourned the meeting at approximately 10:30 p.m.to a Legislative Briefing,Thu day, ptember 21,2000 at 2:00 p.m.In the Council Hearing Room,990 Im eet, Lui Obl o. Lee Pr'67, C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-27 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO THURSDAY,SEPTEMBER 28,2000-7:30 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Allen K. Settle City Staff Present: John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City Administrative; Bill Statler, Finance Director; Mike McCluskey, Public Works Director; Keith Opalewski, Parking Manager PUBLIC COMMENT None BUSINESS ITEM 1. REBIDDING THE MARSH STREET GARAGE EXPANSION. Public Works Director McCluskey presented the staff report and CAO recommendations. Parkins Manager Opalewski responded to questions regarding construction cost estimates and funding budgeted for the project. Public Comments: Speaking in favor of staff recommendations and urging Council to move forward with the project: Gary Fowler,777 Mill Street Tom Swem, Chairman of the D/T Assn Parking Committee Mike Spangler, Parking Committee Member Liz Geuson,owner of the Koffe Klatch Ray Sherer,merchant Bill Walter, resident and member of the Downtown Association Board Brett Weaver, Downtown Association Board President John French,3942 Hollyhock Mike Stanton, resident and business owner Speaking in opposition to the project: Eugene Jud.665 Leff Street Ira Winn,3346 Barrancha C1-28 City Council Meeting Page 2 Thursday,September 28,2000-7:30 p.m. Christine Mulholland. 1334 Diablo Drive The following speakers urged Council to proceed with the project but not eliminate the Pacific Street office space or revise the exterior finish of the structure: Debbie Niklas.Chair of the Chamber Parking Committee Dave Garth.CEO Chamber of Commerce Paul Laurens,adjacent property owner —end public comments— Architect Fred Sweeney responded to brief questions from the Council. Lengthy Council discussion followed. ACTION: Moved by Romero/Schwartz to: 1) Approve amending the project by: A) Eliminating the pedestrian bridge and gazebo, B) Eliminating the second floor bathrooms, C)Eliminating the mid-span stairwell and relocate the elevator to Morro Street, D) Eliminating the"blue" light safety system and television security system conduit, E)Adding two public bathrooms on the ground floor with a Morro Street access in lieu of the Morro Street office,and F)Adding a mid-block traffic signal on Marsh Street 2) Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's estimate,as revised,3) Approve a contract amendment,as revised, with Phillip Metschs Sweeney Moore for additional design work and authorize the City Administrative Officer to execute the contract. 4) Approve,as revised, a revised budget for construction and construction management, and approve additional debt financing of$2.5 million($7.9 million total). 5) Appropriate from the unreserved parking fund working capital to fund additional design work,as specified in Recommendation#1,and current deficient In the design account ($31,800); motion carried 3:2(Ewan, Marx). There being no further business to come before the City Council, Ma or S le joumed the meeting at 10:26 p.m.to Tuesday,October 3,2000 at 4:00 p.01. f C ose es ' n in the Council Hearing Room,990 Palm Street,San Luis O Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-29 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 8, 2000-7:00 P.M. COUNCIL CHAMBER,990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan,Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz,and Mayor Allen K. Settle City Staff: Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Lee Price, City Clerk; Ken Hampian,Assistant City Administrative Officer; Bill Statler, Finance Director; Ann Slate, Human Resources Director; Jim Gardiner, Police Chief; Bob Neumann, Fire Chief;John Moss, Utilities Director; Mike McCluskey, Public Works Director; Paul LeSage, Parks and Recreation Director; John Mandeville, Long Range Planning Manager; Ron Whisenand, Development Review Manager; Wendy George,Assistant to the CAO; Neil Haviik, Natural Resources Manager; Jerry Kenny, Supervising Civil Engineer CLOSED SESSION ANNOUNCEMENT CONFERENCE WITH LEGAL COUNCIL Pursuant to Government Code§54957 Public Employee Discipline City Attorney Jorgensen reported that the closed session was conducted. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code§54957.6 Agency Negotiator: Ann Slate Employee Organization: San Luis Obispo Police Officers Association City Attorney Jorgensen reported that the closed session was conducted. PRESENTATIONS NATIONAL DENTAL HYGIENE MONTH. Mayor Settle presented a proclamation to Maureen Titus, Vice President of the California Dental Hygiene Association recognizing October as National Dental Hygiene Month. C1-30 City Council Meeting Page 2 Tuesday, October 3,2000-7:00 p.m. HISTORY AND HERITAGE HOUSE TOUR APPRECIATION. Mayor Settle presented proclamations to Steve and Ilene Sicanoff, Richard and Adian Lenz, Cathy Tait,Gail Johnson and Victoria Wood, Bill and Michelle Alter,and Penny Rappa, president of the Jack House Committee recognizing each for their participation in the successful History and Heritage House Tour on September 10,2000. SALMON AND STEELHEAD AWARENESS MONTH. Mayor Settle presented a proclamation to Neil Havlik,Natural Resources Manager, recognizing October as Salmon and Steelhead Awareness Month. PUBLIC COMMENT Brett Cross, 1217 Mariner's Cove,commented in opposition to the staff recommendation on consent item number 0-6 and expressed concerns about the noticing of the item. Sifu Kelvin Harrison asked for monetary restitution for years of racial harassment Mayor Settle urged Mr. Harrison to present his concerns to the appropriate agencies. CONSENT AGENDA C1. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2248, A 16-LOT SUBDIVISION ON EL CAPITAN WAY, EAST OF SOUTH BROAD STREET(KELLY GEARHART, SUBDIVIDER). ACTION: Moved by Romero/Ewan to adopt Resolution No.9101 accepting the public Improvements for Tract 2248; motion carried 5:0. C2. REQUEST FOR PARTIAL ABANDONMENT OF THE OLIVE STREET(FORMERLY FIG STREET) RIGHT-OF-WAY AND FULL ABANDONMENT OF THE MORRO STREET RIGHT-OF-WAY BETWEEN STENNER CREEK AND U.S. HIGHWAY 101 (ABAN 83-99, APPLICANT-RAMESH AND NIPOOL PATEL). This item was pulled for questions and comments by Council. Council Member Romero asked staff to consider an easement on the triangular piece on Chorro for use by the City to maintain the creek. ACTION: Moved by Schwartz/Romero to 1)adopt Resolution No.9102 to consider abandonment subject to a purchase agreement requiring the applicant to obtain City-owned property at fair market value,and set a public hearing for November 21, 2000. 2) Authorize staff to hire an appraiser to assess the value of the City-owned property and direct the sale of the property In accordance with the procedures of the City's Property Management Manual; motion carried 5:0. C3. AUTHORIZE WATER AND WASTE WATER TREATMENT CHEMICAL BIDS. ACTION: Moved by Romero/Ewan to approve an Invitation for Bids(IFB) package for 2001-2002 Water Treatment Plant and Water Reclamation Facility chemicals, Specification No.90169. 2) Authorize staff to solicit bids. 3) Authorize the City Administrative Officer to award the contract to the lowest responsible bidder(s), if the bid is within the staff cost estimate and authorize the City Administrative Officer C1-31 City Council Meeting Page 3 Tuesday,October 3,2000-7:00 p.m. to extend the contract for an additional year if the chemical cost increases are within the cost of living increase; motion carried 5:0. C4. SURPLUS CITY PROPERTY. ACTION: Moved by Romero/Ewan to adopt Resolution No.9103 declaring equipment as surplus City property; motion carried 5:0. C5. FINAL MAP APPROVAL FOR TRACT 2338, LOCATED AT 680 FOOTHILL BOULEVARD(MORRO VISTA HOMES L.L.C.. SUBDIVIDER). ACTION: Moved by Romero/Ewan to adopt Resolution No.9104 approving the Final Map for Tract 2338; motion carried 5:0. C6. FUTURE USE OF 610 MONTEREY STREET PROPERTY. Assistant to the CAO George responded to Council questions. Public Comment: Brett Cross remarked that there has been no environmental review done for the cultural corridor and,further,that there was not proper notice given to property owners about the plans made for this area of the downtown. —end of public comment— Council discussion ensued. ACTION: Moved by Marx/Ewan to retain the property in an uncommitted status, pending a decision on the potential relocation of the Public Works offices at 955 Morro Street resulting from the Chinatown Historic District/Court Street Project; motion carred 5:0. ACTION: Moved by Marx/Settle to direct staff to develop a formal policy regarding the lease of City-owned property by non-profits; motion carried 4:1 (Schwartz). ACTION: Moved by Ewan/Settle to defer the use of this property until decisions are made about the relocation of Public Works and the policy; motion carried 5:0. By mutual agreement, Council directed staff to formalty notify those living and working In the proximity when this determination Is to be made. C7. DONATION OF A SURPLUS FIRE ENGINE. ACTION: Moved by Romero/Ewan to adopt Resolution No.9105 authorizing the Fire Chief to proceed with the donation of the 1977 Mack fire engine to the City of Todos Santos, Mexico; motion carried 5:0. C8. SALARY RANGE ADJUSTMENT FOR ASSISTANT CITY ADMINISTRATIVE OFFICER POSITION. ACTION: Moved by Romero/Ewan to adopt Resolution No.9106 moving the salary range for Assistant City Administrative Officer from Range IV of the Management Salary Schedule to Range III to more appropriately recognize the role and responsibilities of the position within the City organization; motion carried 5:0. C1-32 City Council Meeting Page 4 Tuesday,October 3,2000-7:00 p.m. APPOINTMENTS Al. APPOINTMENT OF A CITY REPRESENTATIVE TO COMPLETE A TERM ON THE CENTRAL COAST PERFORMING ARTS CENTER COMMISSION. ACTION: Moved by SchwartzlEwan to appoint the Assistant to the City Administrative Officer to complete the current term of the City Administrative Officer (CAO)on the Central Coast Performing Arts Center Commission,effective January 1,2001; motion carried 5:0. PUBLIC HEARINGS 1. CONSIDERATION OF FINAL ABANDONMENT OF PORTIONS OF RUTH AND LEFF STREETS BETWEEN SANTA ROSA AND TORO STREETS(1201 LEFF STREET) (ABAN 170-99). Public Works Director McCluskey presented the staff report. Mayor Settle opened the public hearing. There were no public comments. Mayor Settle closed the public hearing. ACTION: Moved by SchwartrJMarx to adopt Resolution No.9107 abandoning portions of Ruth Street and Leff Street rights-of-way, subject to reservation of a public utility easement, and easements for future public pedestrian and bikeway purposes; motion carried 5:0. 2. REQUEST FOR GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT REZONING AND MODIFICATIONS OF THE USE LIMITATIONS AT 3250 SOUTH HIGUERA STREET(GP/PD/ER 203-99). Long Range Planning Manager Mandeville and Development Review Manager Whisenand presented.the staff report. Mayor Settle opened the public hearing. Bruce Frazier,applicant's representative, spoke to the merits of the application and responded to Council questions. Mayor Settle closed the public hearing. ACTION: Moved by Romero/Ewan to 1)approve the Mitigated Negative Declaration of environmental impact. 2)Introduce Ordinance No. 1376 amending the Zoning Regulations map to change the zoning designation of the project site from CN (Neighborhood Commercial)to O-PD(Office Planned Development)and modifying the use limitation of the existing Planned Development for the Walter Brothers office complex. 3)Adopt Resolution No.9108 amending the Land Use Element map of the General Plan to change the land use designation of the project site from CN (Neighborhood Commercial)to 0(Office); motion carried 5:0. BUSINESS ITEMS C1-33 City Council Meeting Page 5 Tuesday, October 3,2000-7:00 p.m. 3. APPROVAL OF PURCHASE OF REAL PROPERTY OF APPROXIMATELY 284 ACRES OF LAND IN RESERVOIR CANYON(HASTINGS PROPERTY). Natural Resources Manager Havlik presented the staff report. There were no public comments. ACTION: Moved by Ewan/Marx to authorize the Mayor to execute a Contingent Agreement for Purchase and Sale of Real Property with the Hastings family members for the purchase of 284 acres of property in Reservoir Canyon in two existing parcels for a purchase price of$200,000, subject to approval by the California Department of Transportation and minor changes In the purchase agreement,subject to the approval of the City Attorney; motion carried 5:0. 4. ACCEPTANCE OF AN AMENDED CONSERVATION EASEMENT FOR THE JOHN GUIDETTI RANCH ON JESPERSON ROAD,AND AUTHORIZATION OF DISBURSEMENT OF FUNDS. Natural Resources Manager Havlik presented the staff report. Public Comments: Anne McMahon. representing The Nature Conservancy of California, spoke in support of the recommendation and encouraged the Council to approve. —end of public comments— ACTION: Moved by Marx/Settle to 1)authorize the Mayor to execute an "Amended Conservation Easement"for the 1,480-acre John Guidetti Ranch on Jesperson Road. 2)Authorize the disbursement of$50,000 from the existing Natural Resources Program Open Space budget as the City's contribution toward this project; motion carried 5:0. COUNCIL LIAISON REPORTS PERFORMING ARTS CENTER(PAC) FACILITIES. Council Member Romero reported on the September 21, 2000 meeting of the PAC Facilities Committee(on file in the Office of the City Clerk). INTEGRATED WASTE MANAGEMENT AUTHORITY(IWMA). Council Member Romero discussed the September 13, 2000 meeting of the IWMA(memo on file in the Office of the City Clerk). AIR POLLUTION CONTROL DISTRICT(APCD). Council Member Ewan reported on the September 27,2000 meeting of the APCD(memo on file in the Office of the City Clerk). ECONOMIC VITALITY COMMISSION. C1-34 City Council Meeting Page 6 Tuesday,October 3,2000-7:00 p.m. Council Member Marx reported on the September 2000 meeting of the EVC(memo on file in the Office of the City Clerk). ECONOMIC OPPORTUNITY COMMISSION(EOC). Council Member Marx reported that although EOC CalWerks Program has received funds, there are still approximately 300 children without childcare. She also noted that the Homeless Shelter administrative staff is searching for a site to build permanent headquarters. COMMUNICATION City Clerk Price asked the City Council to review the tentative agendas for the meetings in November and requested formal action to move the first meeting of the month from Tuesday, November 7,2000 to Thursday November 9,2000 due to the election. In addition,she recommended that the Council set a special meeting date of Tuesday, November 14,2000,if determined necessary. ACTION: 1) Meeting date changed. 2) Parking and Downtown Access Plan and the Downtown Transportation Center items deferred until after the new Council takes office. 3)No action taken to set a special meeting. There being no further business to come before the City Council, Mia or the adjourned the meeting at approximately 9:20 p.m.to Tuesday, ctobe 7, 10 4:0 p.m.in the Council Chamber,990 Palm Street,San Luis Obispo. Lee Price, C.M.C. City Clerk APPROVED BY COUNCIL: 10/17/00 LP:dr C1-35